Cengage Advantage Books: Fundamentals of Business Law 9th Edition by Roger LeRoy Miller

Exercise 8

Case Problem with Sample Answer After the debtors experienced a series of bankruptcies and foreclosures, Wells Fargo Home Mortgage, the mortgagee, foreclosed on the debtors' home and purchased it for $33,500. The debtors then filed a complaint against Wells Fargo and certain related entities, claiming wrongful foreclosure and breach of contract. The debtors sought damages, specific performance, and other
remedies. The dispute grew out of a loan note for $51,300 that the debtors had executed with Southern Atlantic Financial Services, Inc. In exchange for that loan, the debtors gave Southern Atlantic a security interest in their home. Southern Atlantic transferred its interest in the property and the note to GE Capital Mortgage Services, Inc. On September 30, 2000, Wells Fargo Home Mortgage started servicing this loan for GE. Wells Fargo acquired the loan from GE on December 1, 2004. When the debtors did not make all of the required payments, Wells Fargo sought relief from a stay to file a foreclosure because the debtors were in arrears on the mortgage. The parties agreed that Wells Fargo could have relief from the stay if the debtors failed to make all future payments. Claiming default, Wells Fargo then filed a foreclosure and bought the property at the sale. The debtors filed a complaint alleging that the price paid was shockingly insufficient and constituted wrongful foreclosure and a breach of fiduciary duty. Under what circumstances is a foreclosure sale unfair? Does a foreclosure sale have to realize the market price for the property? The amount owed on the note? Discuss. [ In re Sharpe, 425 Bankr. 620 (N.D.Ala. 2010)]